FOT-27-0001_Justification and Approval - FY26-0262 Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

J&A No.: FY26-0262

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Services (FPS), Acquisitions Division (AD) propose to extend the ordering period of contract 70RFP121DE2000001, with Kerberos International, Inc. for armed Protective Security Officer (PSO) services at various Customs and Border Patrol (CBP) facilities throughout Puerto Rico based on other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action: FPS AD intends to procure PSO services on a noncompetitive basis for up to six (6) months, November 1, 2026, through April 30, 2027, to provide adequate time for award and transition of the competitive follow-on effort. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO services under this requirement. This order will be issued under this contract only for the time necessary to award and transition to the competitive follow-on effort, not to exceed six (6) months. The current contract is set to expire on October 31, 2026. The follow-on procurement has an estimated award date of October 31, 2026 and requires a transition period of 120 days from the date of award. As such, this extension will provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

Kerberos International, Inc.

2109 Birdcreek Terrace Temple, TX 76502-1083

(c) Contract type: Indefinite Delivery Indefinite Quantity, Firm Fixed Price

1 In this document, citations to RFO Parts 5, 6, and 15 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-11 for FAR Part 6, and FAR Class Deviation 26-08 R1 for FAR Part 15, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

(d) Estimated total value:

Period Duration Hours Unit Price Total

J & A Period PSO Services 11/01/26 - 04/30/27

6 Mo 81,500.00

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2027

(g) Solicitation number. Not Applicable

(h) Background information about the requirement:

FPS AD intends to procure PSO services pursuant to RFO FAR 6.103-1, as “only one responsible source and no other sources will satisfy agency requirements” for the continuation of PSO services for various CBP facilities throughout Puerto Rico.

3. Description of Supplies/Services.

The requirement is to provide PSO services at federally owned, leased, or occupied CBP facilities protected by the FPS throughout Puerto Rico. In furnishing these services, the contractor, Kerberos International, Inc. provides all necessary management, supervision, personnel, materials, supplies and equipment, and plans, schedules, coordinates, and ensure effective performance of, and conformance to all aspects of the statement of work. Kerberos International, Inc. is currently performing under an extension pursuant to RFO 52.217-8. Services will end under this contract on October 31, 2026. To provide adequate time for award and a 120-day transition period for the new competitive follow-on effort, FPS AD finds it necessary to request approval for up to an additional six (6) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under contract 70RFP121DE2000001 from November 1, 2026, through April 30, 2027.

The instant action is to allow FPS AD to continue procuring PSO services from Kerberos International, Inc. under contract 70RFP121DE2000001. This will ensure uninterrupted security services at CBP facilities throughout Puerto Rico between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort. The proposed sole source extension will ensure services are provided during the transition period for the new vendor to train and meet all requirements of the new task order prior to PSOs standing post.

The requirement fulfills an existing government need, and the extension of the existing contract is the most advantageous and only practical method of fulfilling the Government’s need, price, and other factors considered. This contract extension also considers the government’s need for continuity of operations and potential costs of disrupting operations.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) implemented by the RFO Subpart 6.103-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American

Not Applicable

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Kerberos International, Inc is currently performing satisfactorily PSO services under contract 70RFP121DE2000001. The contract is set to expire on October 31, 2026.

FPS AD is currently reviewing proposals for a competitive follow-on IDIQ contract under Request for Proposal (RFP) 70RFP126RE2000001, which will have a transition period of 120 days from the date of the award resulting in an estimated performance start date no later than May 01, 2027. A six-month extension until April 30, 2027, is requested to allow adequate time to finish review of the proposals, award the contract and address any unexpected challenges during the transition period.

Due to unexpected delays and circumstances beyond the control of the contracting office throughout the award phase of the procurement, the Government required additional time to award the follow-on requirement and complete a transition period to avoid a detrimental break in services. A new collective bargaining agreement (CBA) was received for this requirement and incorporated under this RFP via amendment. This resulted in the Government allowing the vendor additional time for vendors to review the CBA and submit a new pricing proposal for the Government to review, extending the estimated award date and creating additional delays. Additionally, this requirement had multiple rounds of technical and price discussions that caused additional delays due to the time required to complete for the review of the proposal revisions that were not originally planned for in the procurement timeline. Therefore, these circumstances necessitate an extension of the incumbent contract to allow time review the proposals, award the follow-on requirement and provide the required 120-day transition period.

Due to extensive screening, training, licensing, and transition requirements for PSOs under the FPS program, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel, visitors, and assets. For these reasons, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Kerberos International, Inc., is familiar with the instant requirement, facility locations, and has fully qualified staff in place and is the only contractor at this time that can immediately fulfill the requirement without delay or interruption of services. As a result, an extension of services under the current contract is necessary to ensure a seamless transition takes place from the existing requirement to the follow-on effort.

Title 40 United States Code (U.S.C) §1315 gives DHS the responsibility to protect federal facilities and the people therein. Presidential Policy Directive 21 (PPD-21), and the National Infrastructure Protection Plan (NIPP) further refine DHS’s responsibility to protect buildings, grounds, and property that are owned, occupied, or secured by the Federal Government. These documents also establish U.S. policy for the protection and resilience of the Nation’s critical infrastructure and provide a framework for integrating efforts designed to enhance the safety of critical infrastructure. Given the reality of terrorist threats, it is in the best interests of DHS and the public to continue to allow the incumbent contractor to provide services until the follow-on effort is appropriately transitioned. PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. PSO services also mitigate threats by detecting firearms, hazardous materials, and suspicious packages at these locations. Due to these critical roles, a modification to extend the current contract, 70RFP121DE2000001, with Kerberos International, Inc. is required to allow time award the follow-on requirement as well as provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in PSO services.

Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The circumstance restricting competition for this acquisition is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to RFO 6.103-1. Therefore, RFO 5.101, notification requirement applies, and FPS AD will post this requirement to SAM.gov no later than November 15, 2026. FPS AD intends to make this justification publicly available pursuant to RFO 6.301.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The current hourly rate for PSO services on the contract is $45.87. The proposed rate for the Justification and Approval (J&A) extension period remains the same at $45.87. The Contracting Officer (CO) has determined that the proposed hourly rate of $45.87 for this requirement is fair and reasonable based on a comparison to the current contract rate and comparison of the proposed prices to historical prices paid for the same or similar items in accordance with RFO 15.404-1(b)(2). The price analysis table below shows the comparison of hourly priced rates from different contracts that were competitively awarded for PSO services, with similar Statement of Work and

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

Not Applicable

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

This requirement is for the sole purpose of issuing a modification to continue PSO services under Contract 70RFP121DE2000001 until the competitive follow-on is transitioned to start. FPS AD is currently reviewing proposals to award a follow-on requirement estimated by October 31, 2026, followed by a required 120-day transition period and estimated performance start date no later than May 1, 2027. It is essential that PSO services continue without interruption for the security of CBP facilities throughout Puerto Rico to ensure the safety of government employees, government facilities, and its visitors at these locations.

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